Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 98]
1 . Rates and Charges (Rebates and Deferments)
Act 1992 amended
(1) The amendments in
this section are to the Rates and Charges (Rebates and Deferments)
Act 1992 .
(2) Section 3(1)
is amended in the definition of “relevant interest” by deleting
“or 29B” and inserting instead —
“ , 29B or 29C ”.
(3) After
section 29B the following section is inserted —
“
29C. Relevant interest —
owner-occupier of relocatable home
(1) In this
section —
park operator has the meaning given to that term
by the Residential Parks (Long-stay Tenants) Act 2006 ;
relocatable home has the meaning given to that
term by the Residential Parks (Long-stay Tenants) Act 2006 ;
residential park has the meaning given to that
term by the Residential Parks (Long-stay Tenants) Act 2006 ;
site has the meaning given to that term by the
Residential Parks (Long-stay Tenants) Act 2006 ;
site-only agreement has the meaning given to that
term by the Residential Parks (Long-stay Tenants) Act 2006 .
(2) Where an eligible
person who occupies a site on land in a residential park —
(a) has
entered into a prescribed charge arrangement described in subsection (3)
in relation to the land or is taken to have entered into such an arrangement
under subsection (4); and
(b) is
and remains liable to pay the prescribed charge as an amount payable under the
prescribed charge arrangement,
that person has an
interest in the land which is to be taken to be relevant for the purposes of
this Act.
(3) An eligible person
enters into a prescribed charge arrangement for the purposes of this section
if the person enters into a written contract, agreement, scheme, deed or other
written arrangement with a park operator to pay, either directly or
indirectly, a prescribed charge on land in a residential park that is a site
occupied by the person as an owner-occupier.
(4) An eligible person
is taken to have entered into a prescribed charge arrangement for the purposes
of this section if the eligible person —
(a) was
the spouse or de facto partner of a deceased eligible person who had entered
into a prescribed charge arrangement; and
(b) was
residing with the deceased eligible person at the time of his or her death.
(5) An eligible person
occupies a site as an owner-occupier for the purposes of this section
if —
(a) the
eligible person —
(i)
is the owner of a relocatable home situated on the site
in a residential park; and
(ii)
has, under the terms of a written site-only agreement and
from the date on which an entitlement of that person is registered, an
exclusive right to occupy that site for a term of 5 years or longer, or
such other term as may be prescribed in place of that term;
or
(b) the
eligible person —
(i)
is the spouse or de facto partner of an eligible person
referred to in paragraph (a), or was the spouse or de facto partner
of a deceased person who was an eligible person referred to in
paragraph (a) at the time of his or her death; and
(ii)
resides with that person or was residing with that
deceased person at the time of his or her death.
”.
(6)
Section 33(1a) is amended by deleting “or 29B,” and inserting
instead —
“ , 29B or 29C, ”.
(7)
Section 43(1a) is amended by deleting “or 29B.” and inserting
instead —
“ , 29B or 29C. ”.
2 . Residential Tenancies Act 1987 amended
(1) The amendments in
this section are to the Residential Tenancies Act 1987 .
(2) Section 5(5)
is amended by deleting “This” and inserting instead —
“ Subject to subsection (6), this ”.
(3) After section 5(5)
the following is inserted —
“
(6) This Act does not
apply to a site at a residential park, within the meaning of the
Residential Parks (Long-stay Tenants) Act 2006 , other than in relation to a
residential tenancy agreement —
(a)
under which a person has a right to occupy such a site; and
(b) that
is an existing fixed term long-stay agreement made in writing, to which the
Residential Parks (Long-stay Tenants) Act 2006 does not apply in accordance
with section 6(4) of that Act.
(7) Subsection (6) has
effect despite section 8(1) of the Residential Parks (Long-stay Tenants) Act
2006 .
”.
(4) After
Schedule 1 clause 3(2)(a) the following paragraph is
inserted —
“
(aa) money payable to the fund under
section 75(3), 92(b) or 94(a) of the Residential Parks
(Long-stay Tenants) Act 2006 ;
”.
(5) After
Schedule 1 clause 3(3)(a) the following paragraphs are
inserted —
“
(aa) in payment of any amount required to be paid out of
the fund under section 51 of the Residential Parks (Long-stay Tenants)
Act 2006 or under an order under section 76(3) or 77(2) of that
Act;
(ab) in
reimbursement of the costs and expenses incurred for the purposes of the
Residential Parks (Long-stay Tenants) Act 2006 by the bond administrator,
bond agents and the Commissioner in carrying out their respective functions;
”.
(6) Schedule 1
clause 3(3)(b) is amended by inserting after “this
Act” —
“ or the Residential Parks (Long-stay Tenants)
Act 2006 ”.